FEDERAL JUDGE ALLOWS KAWAIISU TRIBE CASE TO CONTINUE IN FEDERAL COURT

February 16, 2011

By Erica Laster Impunity Watch Reporter, North America

CALIFORNIA, United States – A federal case filed against the Tejon Ranch Corporation and the County of Kerm by the Kawaiisu Tribe of Southern California has been allowed to go forward. United States District Court Judge Oliver W. Wanger issued a ruling, allowing the Kawaiisu Tribe to file an amendment complain within 15 days, by February 19, 2011.

Kawaiisu Tribe sues over ownership of burial sites. Photo courtesy of aaanativearts.com.

Judge Wanger stated that “Plaintiffs shall be afforded the opportunity to assert a land-based claim for enforcement of aboriginal title in any amended complaint.”

Judge Wanger’s ruling grants the Tribe’s ability to pursue the claim against Tejon and County of Kern in California.

The Kawaiisu Tribe’s Constitution states that the Kawaiisu’s territory extends to “burial sites, geoglyphs, pictographs and petroglyphs” within the boundaries of a December 30, 1949 Treaty forged between the Utahs and the Kawaiisu and a California June 10, 1851 Treaty D which was signed at Camp Persifer Smith.

The Kawaiisu Tribe are attempting to protect the ancestral lands and burial sites of their ancestors from intrusion by the Defendants.

Tejon Ranch Corporation and the County of Kern have plans in place for the construction of a 26 thousand acre resort to be named “Tejon Mountain Village.” The project includes 750 lodging units, a 160,000 foot shopping center, 3,400 homes and golf courses for visitors.

The people of the Kawaiisu Tribe specifically object to language in an Environmental Report that the Corporation submitted to Kern County. The language states that Tejon Mountain Corporation will be “the property owner (who is also the owner of the remains), and of any associated archaeological materials.”

The Tribe argues that the Administrative Procedure Act, federal legislation, protects Native American lands, burial remains and sacred objects from encroachment.

David Laughing Horse Robinson, Chairman of he Kawaiisu Tribe of Tejon, argues that “the unborn and our ancestors are made into slaves and property by that statement.” He believes that these actions on the part of Kern County are indicative of the unequal treatment of Native Americans by those of European descent. Further, he contends that this is a serious infringement on the human rights of his people.

For further information please visit:

Indybay – Kawaiisu Tribe To Continue In Federal Court – 9 February 2011

Angelfire – Kawaiisu Tribe Homepage (Constitution)

The Mountain Enterprise – Second Lawsuit Seeks Injunction – 13 November 2009

Indigenous People’s issues and Resources – Kawaiisu Tribe of Tejon Lawsuit Amended Complaint Filed – 28 August 2010

War Crimes Trial Of Charles Taylor Put On Hold

February 15, 2011

By Christina Berger
Impunity Watch Reporter, Europe

Charles Taylor on trial for war crimes. Photo Courtesy of AFP.

HAGUE, Netherlands — The judges for the war crimes trial of former Liberian President Charles Taylor decided to allow a defense appeal over key documentation. Friday would have been the last day of testimony in the trial which began in 2007.

Charles Taylor, the first African head of state to stand trial for war crimes, has been charged with eleven counts of war crimes and crimes against humanity committed during the civil war in Sierra Leone in the 1990s. Taylor is accused of directing the Revolutionary United Front rebels, who became known for hacking off the limbs of their victims, to rape and murder civilians in a campaign of terror in order to control Sierra Leone’s diamond mines, using the “blood diamonds” to arm the rebels. Taylor has denied all the charges.

The Special Court for Sierra Leone refused to accept an almost 600-page case summary from the defense because they filed it 20 days after the deadline. Taylor’s defense lawyer, Courtenay Griffiths, responded to the Court’s refusal by storming out of the courtroom last Tuesday. The judges have demanded an apology from Griffiths, and any possible disciplinary proceedings against him have been deferred until February 25.

Both Griffiths and Taylor boycotted the hearings on Tuesday and Wednesday, and indicated they would continue to boycott until the case summary was accepted. The judges then decided on Friday to allow the defense to appeal the refusal to accept the case summary. Hearings have been postponed for two weeks.

In recent reports, a leaked 2007 U.S. diplomatic cable made available by Wikileaks indicates that Charles Taylor could have as much as $400 million hidden in secret accounts. The cable reported the concerns of the Special Court for Sierra Leone prosecutor at the time, Stephen Rapp. The cable discusses the issue of Charles Taylor making reparations to victims. Rapp noted that the Court could recover about $3 million if Taylor’s funds could be found. The cable said Nigeria was helping to find some of the funds and “[t]he UN Office of Crime and Drugs as well as the World Bank are exploring ways to track the funds and both President Sirleaf of Liberia and Sierra Leone President Koroma are watching with interest.”

Another cable sent in 2009 shows the potential willingness of U.S. officials to try Charles Taylor in the U.S. if he’s acquitted by the Special Court for Sierra Leone. The cable urged that the international community must consider what to do if Taylor is acquitted or given a light sentence. A U.S. official noted that Taylor could not be allowed to return to Sierra Leone and “tip the balance in a fragile peace,” and therefore all legal options should be explored. This could include building a case in the U.S. against Taylor for financial crimes or using child soldiers.

Next month it will be ten years since the beginning of the civil war in Sierra Leone, and victims of the violence and Taylor’s crimes keep watch on the trial, hoping that the law will see justice done to Taylor. Sulaiman Turay, a Sierra Leonan who was forced to flee the rebels and live in the wild for four months in 1998 told the AFP that Charles Taylor’s trial is a “reminder that the world should not forget the atrocities that were waged on the civilian population.” According to the Christian Science Monitor, another Sierra Leonan, Richard Koroma, who was shot in the leg as he fled from rebels in 1997 said, “[t]here’s nothing that we can do to Charles Taylor that will be equal to what he has done to the people of Sierra Leone. But let the law take its course.”

For more information, please see:

AFP — S. Leone keeps watch as theatrics rage in Taylor trial — 12 Feb. 2011

UPI — Cable says Taylor could have millions — 12 Feb. 2011

REUTERS — Charles Taylor allowed to appeal over documents — 11 Feb. 2011

BBC — Charles Taylor war crimes trial extended in The Hague — 11 Feb. 2011

TELEGRAPH — WikiLeaks: Charles Taylor may have $400 million out of reach — 11 Feb. 2011

CHRISTIAN SCIENCE MONITOR — As Charles Taylor boycotts trial, Sierra Leone’s war-battered residents hope for justice — 9 Feb. 2011

REUTERS — Taylor snubs war crimes trial for second day — 9 Feb. 2011

Ivory Coast President Refusing to Release Bodies from City Morgues

February 15, 2011

by Laura Hirahara
Impunity Watch Reporter, Africa

People gather around a person killed during clashes between Ouattara and Gbagbo supporters; Photo courtesy of Reuters

ABIDJAN, Ivory Coast– Hundreds of people have been killed in Ivory Coast since the mid-December election in which opposition leader Alassane Ouattara beat long-time incumbent Laurent Gbagbo. The results, which have been certified by the U.N. and are internationally recognized, show Ouattara winning with an eight point margin. Despite this, Gbagbo has refused to hand over power and there is strong evidence that he is coordinating military attacks against those who voted for Ouattara.

Since mid-December as many as 300 people have been killed. However, the number of those murdered could be higher. Since the election, Gbagbo has refused to release the bodies of the dead, halting autopsies on bodies with gun-shot wounds. These bodies have remained at the city morgues and continue to come, with another 22 people killed this week alone. Reporters with the Associated Press investigated in the former capital of Abidjan and found as many as 113 bodies at 9 different morgues. The U.N. believes another morgue is holding 80 bodies, calling these cites “mass graves”. Morgue employees told the AP that government officials stand guard at the morgues to monitor all activity. The government is also refusing the release the names of many of the bodies being held and family members have had to physically search through the remains to try and identify their missing loved ones.

Gbagbo, who has been in power for the last ten years, has been suspected of carrying out ‘government death squads’ since 2002. These squads are accused of ‘disappearing’ people and many are still missing. One such individual, Abdoulaye Coulibaly, worked for a non-profit group that was associated with Ouattara during the election. Coulibaly was thrown into a vehicle after soldiers surrounded the café he was at and started shooting. His family has not seen him since and has not been able to find anything that points to his whereabouts.

The victims have been those who either supported Ouattara or those even suspected of supporting his campaign. Many of the killings have occurred in the northern region of the country which is predominately Muslim and supported Outtara who himself is a Muslim from the north. The names obtained by the AP indicate the victims of these killings are Muslim.

The U.N. has repeatedly been denied access to sites of reported mass graves and entrance to the government-run morgues. A report prepared by the human rights division of the U.N. stated:

The fact that we have been prevented twice from conducting a fact-finding mission. . .suggests that there may be some truth in the alleged existence of a mass grave in that area and/or deposit of 60 to 80 corpses at a mortuary in Anyama.

For more information, please see;

Reuters- Nearly 300 Killed in Ivory Coast Violence, UN Says– 10 Feb., 2011

AFP– At Least 296 Killed in Ivory Coast Unrest: UN– 10 FeB., 2011

AP- AP Impact: New Proof of Ivory Coast Vote Killings– 15 FeB., 2011

Historic Award to Ecuadorian Residents In Pollution Case

February 15, 2011

By Patrick Vanderpool
Impunity Watch Reporter, South America

Ecuadorian resident at press conference following courts ruling (photo courtesy of CNN) — Ecuadorian resident at press conference following court's ruling (photo courtesy of CNN)

QUITO, Ecuador – A judge in Ecuador has awarded $8.64 billion to Ecuadorian residents of the Amazon who had sued Chevron for years of crude oil pollution. The award is set to double if Chevron does not apologize within two weeks.

Both sides have indicated that they will appeal the verdict.

Chevron claims that the court’s verdict is the “product of fraud.” The plaintiffs assert that the award is too small in relation to the cost of the pollution’s cleanup. In addition, Chevron alleges that “the Ecuadorian court’s judgment is illegitimate and unenforceable.”

The lawsuit charged that the oil company used a variety of substandard production practices in Ecuador that resulted in pollution that “decimated” several indigenous groups in the area.

According to the Amazon Defense Coalition, Chevron has admitted that Texaco, its predecessor, dumped more than 18 billion gallons of toxic waste into Amazon waterways, abandoned more than 900 waste pits, burned millions of cubic meters of gases with no controls and spilled more than 17 million gallons of oil due to pipeline ruptures. The coalition claims that cancer and other health problems were reported at higher rates in the area.

Luis Yanza, a spokesperson for the Assembly of those Affected by Chevron, said at a news conference that the ruling was “historic” and a “collective victory.” Yanza was also quick to proclaim that the award was fairly insignificant in terms of the harm that 30 years of pollution has had on the area.

The judgment against Chevron is the latest skirmish in 18 years of litigation between the Amazon indigenous groups and Chevron, which inherited the lawuit when it purchased Texaco in 2001.

Although both parties will appeal, Humberto Piaguaje, a local leader, called the judgment “a victory for the population that lives in the oil-producing area in northern Ecuador.” “The judge did justice and has seen reality,” said Piaguaje. “We know that this is only one part of our fight and we will continue until there is justice and the damage is healed. The world should know that what happened in the Amazon and our fight for life, for justice.”

For more information, please see:

Bloomberg – Chevron’s $17 Billion Ecuador Judgment May be Unenforceable, Analysts Say – 15 Febraury 2011

CNN – Appeals Planned after Amazon Residents Win Ruling Against Chevron – 15 February 2011

Reuters – Snap Analysis – Chevron-Ecuador Case Only at Beginning of the End – 14 February 2011

Myanmar Arrests an Australian Newspaper Editor

February 14, 2011

By Joseph Juhn
Impunity Watch Reporter, Asia

RANGOON, Myanmar — The Australian owner and editor of the only English-language newspaper published in Myanmar has been detained under Burmese immigration law. This arrest comes amid a business dispute with his Burmese partners over the ownership of newspaper, however.

The editor, Ross Dunkley, founded the newspaper, The Myanmar Times, in 2000, which is the sole publication with rare foreign investors in this repressed regime. It is published weekly in English and Burmese.

His associate, David Armstrong, said Dunkley was arrested on Thursday as he returned from Tokyo when he was accused of violating immigration laws. The grounds for violations are unclear at this point. He is being held in Insein Prison pending a hearing on Feb. 24, Mr. Armstrong said.

Sonny Swe is also the co-founder of the Myanmar Times who is the son of an influential member of the junta’s military intelligence service.

But Sonny Swe was jailed in 2005 and his stake was handed to Tin Tun Oo, who the article said was close to the military regime’s information minister.

Tin Tun Oo was a candidate for the military-backed Union Solidarity and Development Party (USDP) during controversial November polls, but was not elected to the country’s new parliament, which resumed just last month.

Although some political experts have suggested political shift have created a glimmer of hope for a country run by the military for almost half a century, critics see merely cosmetic alterations aimed at hiding the generals’ power behind a civilian facade.

Reporters Without Borders, an NGO, ranked Myanmar 174th out of 178 countries in its 2010 press freedom index, and reported last year that the regime increased censorship ever since the first election that took place last November in 20 years.

Some media rights group quoted in December as saying that the country was a “censors’ paradise”, where journalists and internet bloggers are subject to arrest and intimidation and those sending information to foreign news organizations face long prison terms.

After the election in November, authorities suspended nine weekly news journals that gave significant coverage to the release of democracy icon Aung San Suu Kyi.

For more information, please see:

ABC News – Jailed Australian replaced at Burmese paper – 14 February 2011

IHT – Myanmar Arrests a Newspaper Editor – 12 February 2011

BBC News – Burma: Australian publisher Ross Dunkley arrested – 12 February 2011

MSN Malaysia News – Australian newspaper boss arrested in Myanmar – 12 February 2011